DXer:

Here is the link to the FOIA Complaint filed by Ken Dillon in federal court against the US DOJ filed last week.

Over the past two years, through numerous requests, letters, appeals, calls and emails, academic researcher Ken Dillon has exhausted all attempts to obtain the Notebook 4282 with the entries from the time of the first Fall 2001 anthrax mailing and the prior week. The FBI’s “Ivins Theory”, you’ll recall, was premised on the claim that Ivins had no reason to be in the B3 laboratory.

The FBI should have returned a copy of all the Ivins notebooks to the USAMRIID — as the USAMRMC FOIA Officer Rogers long ago requested — for uploading in the USAMRMC’s excellent reading room which contains most of his numerous other notebooks.

I see a reference in the FBI’s “Vault” that the notebooks relating to the distribution of Ames strain were added as “a 1A to the FD-340 section of the file, serial 7825.” The USAMRMC FOIA Officer explained to me last week that there also is a CD containing all the Ivins notebooks that were in the library that is still being withheld by the FBI. For example, the FBI has not produced the 88 pages of Notebook 4010, the Notebook relating to the so-called (and inaptly named) “murder weapon” (which it imagines to be Flask 1029).

Lots of people have different theories of the difficult and complex Amerithrax whodunnit. But Dr. Dillon’s efforts will serve to help get people “on the same page.” I urge that everyone support this request that the FBI comply with the rule of law embodied by the FOIA. Importantly, an additional item Dillon is seeking is the lengthy memorandum by lead Amerithrax investigator Richard Lambert, who has publicly said that the FBI is withholding a staggering amount of evidence that is exculpatory of Bruce Ivins.

As a start, though, given that the FBI, I believe, has already located Notebook 4282, all that is left for them to do is to shoot it over to USAMRIID so that USAMRMC FOIA Officer Sandra Rogers can process it under FOIA. (USAMRIID, not the FBI, is the “originating agency” and so it is up to USAMRIID to process it like it did all the other of Ivins’ notebooks that eventually were returned by the FBI.)